By judgment of June 8th 2022, the General Court of the EU dismissed the company Apple of its appeals against several decisions of the European Intellectual Property Office (EUIPO). At the request of Swatch, the Office pronounced the revocation of the “Think Different” trademarks on the grounds that Apple had not made serious use of these trademarks for an uninterrupted period of five years.

The owner of a trademark is obliged to use it for the goods and services designated in its application. If he fails to do so, the trade mark will lapse. And its owner risks losing it. The revocation of a trademark can be requested by any person. Lapse is incurred if the trademark owner has not started to use the trademark even though it has been registered for at least 5 years, or if he has abandoned the use of his trademark for more than 5 years. The revocation of a trademark may be total or partial, i.e. for all or part of the goods and services designated in the application.

It is on the basis of the evidence of exploitation provided by the owner that the INPI or the judges will assess whether the mark has been seriously exploited.

In this case, this rule was applied by the EUIPO, and by the EU Court.

The decision here:

Do not hesitate to contact LEGIPASS AVOCATS for further information and advice on the protection of your intellectual property rights.

Philippe Touitou

Partner – Lawyer at the Paris Bar